U.S.Citizenship 5 Years After AOS is Filed

Hi Kashmir,

I am a big fan of yours. Though my views are very radical(In that I don't think Congressmen need to be involved in USCIS work(e.g for delays and handling personal cases, not for making laws) (This situation is pathetic :( ), I am an extremely law abiding citizen(I always fill in the customer-complaints feedback forms :p ) . I plan to start my full-time involvement in this community with you from next year(This year I have too many things on my hand, sorry).

Now coming to the point,
I will search for something for that LC statement. It is true that this is tricky.
But it can still be proven that LC has immigration intent.
Can anyone give me a single valid reason otherwise.

LC application is not a H1b application(I am thinking out loud, you know already!).
H1b does not have an immigration intent, LC really starts the process. Why would someone go through the process?, It is definitely not to get their Education and Experience evaluated, it is more than that.

I agree with everyone who says that the Labor PD has to be considered as the date of intent. Otherwise I-485 only gives an intent to become a GC holder, and nothing else, though it is a means to become a US citizen.

If you see in one way LC is giving as much an intent as a I-485 to be a Permanent Resident. Intent to become a citizen is a totally different story.

There are people whose LC is denied and later approved through a different employer. I wish they could be helped, but I don't think they can be.
BUT
Suggested dates for start of the 5yr count, for citizenship application eligibility can be:

1. Application of valid Labor approval FOR original LC holders(EB2, EB3 etc).
2. Application of I-140(approved later) FOR substitute labor applicants and EB1s
3. Application of I-140(approved later) FOR L1 and other visa holders who do not need LC.

Instead of suggesting, I should be drafting(like you), but I have my shortcomings. I have put forth the points which might help. I might be wrong, If I am, I am willing to hear that from others.
 
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5 years continous legal status

how about 5 years of continous legal status (irespecitve of h1 485 etc)
if some oen levied here 5 years legally paid all taxes and has evidence of legal stay in the US why not insert as

"after 5 years of continous legally authorrized stay in the US barring short absences for vacation

i can reword later but idea is to reward people here legally by quick route to citizenship and make up the years stolen from us by dept of labor and USCIS delays. Citizenship means freedom and hope, why delay us further?
 
functionalalert said:
how about 5 years of continous legal status (irespecitve of h1 485 etc)
if some oen levied here 5 years legally paid all taxes and has evidence of legal stay in the US why not insert as

"after 5 years of continous legally authorrized stay in the US barring short absences for vacation

i can reword later but idea is to reward people here legally by quick route to citizenship and make up the years stolen from us by dept of labor and USCIS delays. Citizenship means freedom and hope, why delay us further?
Click to expand...
It might be a good suggestion.

Here is Section 316(a) of INA:
Sec. 316. [8 U.S.C. 1427]

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character,
attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
 
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new wording

suggested change to word as 5 years of legal presence and approved application for permanent residence (start the process if both 5 years of legal presence and approved gc) this is fairness,compassion and justice to make up for the extreme delays in processing time


a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted [B]to the the United States [/B] and has been admitted as a permanent resident and has resided continously for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character,
attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
 
Hi Kashmir,

This one requires a lot of small changes all over the document.
Or else.....Why don't we ask for 2yrs instead of 5yrs that should make it pretty straightforward, I hope.. but maybe they need sufficient time to check the condition of the individual's health.

Here is amended Section 316(a) of INA:
Sec. 316. [8 U.S.C. 1427]

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of lawful admission, has resided continuously, after being lawfully admitted, within the United States for at least five years and during the five years immediately succeeding the date of lawful admission has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of lawful admission up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character,
attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, (4) with no pending social security and personal/professional taxes for all the periods referred to in this subsection.
 
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i support the new bill that basically states that if you are an illegal alien, and you come here and domino your pregnant ass on our hospital's steps, you and your child both shall be deported. cool huh! :cool:
 
Tanith Belbin

Originally posted at:
http://immigrationportal.com/showthread.php?p=1281410#post1281410


Tanith Belbin and Ben Agosto - Online
http://www.figureskatersonline.com/belbin-agosto/

USA TODAY
Posted 10/21/2005
No easy citizenship glide for ice dancer
By Gary Mihoces, USA TODAY
ATLANTIC CITY — Tanith Belbin and Ben Agosto, skating to a flamenco beat this season, are the reigning world silver medalists of ice dancing. But it will take an act of Congress for them to represent the United States in the 2006 Winter Olympics.
http://www.usatoday.com/sports/olympics/winter/2005-10-21-ice-dancer-citizenship_x.htm?POE=SPOISVA

Detroit Free Press
JO-ANN BARNAS: Red tape puts a hold on skater's citizenship
September 28, 2005
http://www.freep.com/sports/othersports/olympics28e_20050928.htm

Chicago Tribune
Ice dancer requires citizenship assist
Belbin needs special legislation to skate for U.S. at Turin
BY PHILIP HERSH
Published September 29, 2005
Additional material published Oct. 3, 2005:
http://www.chicagotribune.com/sports/chi-0509290212sep29,1,620580.story?ctrack=1&cset=true
 
I agree with Kashmir.....let's ask for something that we have a chance of obtaining rather than have people (congressmen & USCIS) sitting up alert because we've asked for the sky and simply asking us to leave the room
 
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